There is currently only one ground for divorce in England and Wales, and that is the irretrievable breakdown of the marriage. One of five facts must however be used in order to establish this ground, adultery being one of them.
However, the law as it currently stands does not provide for same-sex affairs as a reason for divorce. The adultery must take place with somebody of the opposite sex.
Individuals are often surprised when they discover that they cannot rely on a same-sex affair as a reason for divorce in this country. Many believe that this results in discrimination against same-sex couples.
The Ministry of Justice states that the introduction of a no-fault divorce in April 2022 will end “the blame game”. This will make it easier for couples who intend to divorce following the breakdown of their marriage as a result of same-sex adultery.
Weronika Husejko, Paralegal at Sinclair Law Solicitors, said: “Despite this, there is still a strong argument for the introduction of same-sex adultery as a substantive reason for a divorce. This would in turn provide for equality for all married couples regardless of their sexual orientation.”
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